Terms and Conditions

Airbike Pty Limited ‘SafeMate Series’ Products

  1. Terms
  2. Accepting the Terms of Use
    1. The User accepts the Terms and Conditions for SafeMate either by
      1. clicking to accept the Terms and Conditions upon opening the application; or
      2. by opening, using or otherwise relying on SafeMate in any manner
    2. Authority to accept the Terms
    3. The User represents that they have authority and is able to accept the terms of service by fulfilling any of the terms under clause 2.1
  3. Privacy and Data
    1. In Using this application, you agree to the use of your data in accordance with Airbike Pty Ltd’s Privacy Policy
    2. The User understands and agree that Airbike and its licensors and their suppliers (as applicable) own all legal rights, titles, and interests in and to the Service and Content, including any intellectual property rights in the Service and Content (whether those rights are registered or not, and wherever in the world those rights may exist).
  4. Your Account
  5. Jurisdiction and Legislative Scheme
    1. The User agrees to abide by all relevant state and Commonwealth laws of Australia in their use of the application and any information obtained therein.
    2. All acts done through the use of, or in accordance with the use of, this application will be answerable to, and governed by, the laws of New South Wales Australia.
    3. Any disputes arising as a result of the use of this application will be heard by the relevant judicial body within the state of New South Wales, Australia.
  6. Warranty
    1. You expressly understand and agree that your use of the service and the content is at your sole risk and that the service and the content is at your sole risk and that the service and the content are provided “as is” and “as available.” In particular, Airbike, its subsidiaries and affiliates, and its licensors and their suppliers, do not represent or warrant to you that:
      1. the service will meet your requirements; or
      2. the service will be uninterrupted, timely, secure or error-free; or
      3. the service will be accurate or reliable; or
      4. defects in the operation or functionality of any software provided to you as part of the service will be correct.
    2. Any content obtained through this application is at your own discretion and risk and you will be solely responsible for any damage to your device, loss of date, or any other damages or injury that results from downloading or using any such content.
    3. No advice or information, whether oral or written, obtained by you from Airbike, or through or from the service or content, will create any warranty not expressly state in the terms or specifically and necessarily implied by law.
  7. Limitation of Liability
    1. Nothing in these terms will exclude or limit Airbike’s warranty or liability for losses that may not be lawfully excluded or limited by applicable law.
    2. Subject to clause 7.1, the User expressly understands and agrees that, to the maximum extent permitted by applicable law, Airbike, its subsidiaries and affiliates, licensors and their suppliers, will not be liable to you for:
      1. any direct, indirect, incidental, special, consequential, exemplary or punitive damages that may be incurred by you, however caused and under any theory of liability (including contract, tort, common law or statutory damages); any loss of revenues or profit, incurred directly or indirectly; any loss of goodwill or business reputation; any cost to procure substitute goods or services; any data; or any intangible loss; or
      2. any loss of damages as a result of;
        1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on SafeMate; or
        2. Any changes, with notice, SafeMate may make to the service, or any permanent or temporary discontinuation of the service, in part or in full; or
        3. The deletion or corruption of, or failure to store, any content and other data maintained or transmitted by or through your use of the service; or
        4. your failure to keep your password or account details secure and confidential.
    3. Any content obtained through SafeMate is at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device, loss of data, or any other damage or injury that results from downloading, using or relying on any such content.
  8. Indemnity
    1. You will defend and indemnity Airbike and its affiliates, directors, officers, employees, licensors and their suppliers against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
      1. your use of the Service of the Content in breach of the Terms or applicable policies; or
      2. your use of the Service or the Content for the purposes of, or so to, infringe upon the rights of a third party
    2. You will cooperate as fully as reasonably required in the defense of any allegation or third-party legal proceeding. Airbike reserves the right, at its own expense, to assume the exclusive control and defense of any indemnified matter under clause 8
    3. An “indemnified matter”, for the purposes of this agreement is any proceeding or action for which Airbike is indemnified by the User.